2025 Code of Georgia
Title 29 - Guardian and Ward (Chs. 1 — 11)
Chapter 5 - Conservators of Adults (Arts. 1 — 13)

Annotations

Notes

Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides, in part: “all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.”

JUDICIAL DECISIONS

In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 49-6, as it read prior to revision by Ga. L. 1980, p. 1661, and former O. C. G. A. § 29-5-1 et seq. are included in the annotations for this Code section.

Joint tenancies in bank and stock investment accounts and in real property did not terminate as a matter of law when one of the joint tenants was declared incapacitated and a guardian was appointed for that person and for the property. A guardian, unlike a trustee, has no beneficial title in the ward’s estate, but is merely a custodian or manager. Moore v. Self., 222 Ga. App. 71, 473 S. E.2d 507, 1996 Ga. App. LEXIS 614 (1996) (decided under former O. C. G. A. § 29-5-1 et seq.).

Former Chapters 49-6 and 88-5 of the 1933 Code (former O. C. G. A. Ch. 5, T. 29 and Ch. 3, T. 37) were meant to be read together for procedural purposes. Kiker v. Kiker, 126 Ga. App. 39, 189 S. E.2d 880, 1972 Ga. App. LEXIS 1037 (1972) (decided under former Code 1933, Ch. 49-6).

Research References & Practice Aids

Appointment of guardian ad litem for incompetent person not otherwise represented in an action, § 9-11-17.

Disabled Adults and Elder Persons Protection Act, § 30-5-1 et seq.

Appointment of guardian for minor or incompetent workers' compensation benefits claimant, § 30-9-226.

Appointment of representatives and guardians ad litem for persons undergoing treatment for mental illness, developmental disabilities, alcoholism, or drug dependency, §§ 37-3-147, 37-4-107, 37-7-147.

For article, “The Georgia Law of Insanity,” see 3 Ga. B. J. 28 (1941).

For note on 1995 amendments of sections in this chapter, see 12 Ga. St. U. L. Rev. 216 (1995).

For article, “Medical Decision-Making in Georgia,” see 10 Ga. St. B. J. 50 (2005).

39 Am. Jur. 2d, Guardian and Ward, § 21 et seq. 41 Am. Jur. 2d, Mentally Impaired Person, §§ 42, 43, 173 et seq.

138 Am. Jur. Trials, Guardianships, § 6.

Showing as to mental condition which will entitle one restrained on ground of insanity to release, 19 A. L. R. 715.

Constitutionality of statute making physical disability ground for appointment of guardian of person or property, 30 A. L. R. 1381.

Liability of insane person for tort, 51 A. L. R. 833; 89 A. L. R. 476.

Waiver by alleged incompetent of notice of inquisition proceeding or proceeding for appointment of guardian, 152 A. L. R. 1247.

Liability of incompetent’s estate for care and maintenance furnished by public institution or hospital before incompetent’s acquisition of any estate or property, 33 A. L. R.2d 1257.

Power of guardian, committee, or trustee of mental incompetent, after latter’s death, to pay debts and obligations, 60 A. L. R.2d 963.

Power to make charitable gifts from estate of incompetent, 99 A. L. R.2d 946.

Mental condition which will justify the appointment of guardian, committee, or conservator of the estate for an incompetent or spendthrift, 9 A. L. R.3d 774.

Priority and preference in appointment of conservator or guardian for an incompetent, 65 A. L. R.3d 991.

O. C. G. A. Title 29